Employer wasn’t forthcoming and honest when I was hired

TJB55

New Member
Jurisdiction
Utah
Back in September I was working for the United States Postal Service. I had worked for them for 2 years at that point. I put in for a position delivering packages for another company which I won't name at this point. Throughout the entire hiring and interviewing and questioning process at NO point did they mention anything about this position being part time/seasonal and that there would be a possibility that I would be let go come January February when it slows down. I would have never left the post office if they had disclosed that information with me. Im 33 and have a 10 year old daughter that I have custody of and I have $1100 a month house payment. I would have never taken this job with the possibility of being let go. I would have never accepted a part time/temporary position. One good thing is that the entire interview and hiring process was all done via text messages and I still have all those text messages. At no point did they even hint at the fact that there is a possibility of being let go after the busy season. Furthermore there have been several times that myself and other employees have talked with the supervisors and have been reassured that our jobs are safe. We were even told that being hired in September that we weren't considered the part time temporary seasonal employees, that they don't start hiring them until November December. Well anyways, on Thursday I received a text messages from one of the supervisors. A TEXT MESSAGE!!! And the text message even started with "Hey man" like you're just texting a buddy. The text message stated "hey man, weve decided not to keep you as an employee any longer." When I responded with "what's that about" the supervisor text me and said "we have too many drivers now and have to let some of them go, unfortunately you're one of them"

So my question is, is there any legal action I can take against them for not disclosing all the information with me back in September during the hiring process? I know I can't do anything about being let go, there are soo many laws and rights that protect employers when letting an employee go, I'm talking about the initial hiring process and them lying to me and hiring me under false pretenses and leading me to believe that this was a full time permanent position and even reassuring me that I wasn't considered one of the temporary seasonal employees because they don't hire them until November December. And that they neglected to mention a huge detail like the possibility of being let go after the busy season. As I mentioned earlier I never would have taken the job if they had been upfront and forthcoming about all the details of the job. So is there any legal action I can take in that regard??? Are employers not required to fully disclose everything about the position with a potential new employee? Are employers allowed to neglect to mention certain details about a position?
 
Sorry, unless you have a written employment contract, you're free to quit anytime you wish; the employer is free to terminate you at anytime.
AT WILL EMPLOYMENT.
 
Sorry, unless you have a written employment contract, you're free to quit anytime you wish; the employer is free to terminate you at anytime.
AT WILL EMPLOYMENT.

You completely missed the whole point. My question wasn't about being let go. I specifically mention that. My question was about the employer not fully disclosing everything with me at the time of hire. Please read the whole question before responding. I specifically said this isn't about me being let go. This is about them neglecting to fully disclose with me all the details of the position I'm the very beginning when they hired me
 
‍You completely missed the whole point. My question wasn't about being let go. I specifically mention that. My question was about the employer not fully disclosing everything with me at the time of hire. Please read the whole question before responding. I specifically said this isn't about me being let go. This is about them neglecting to fully disclose with me all the details of the position I'm the very beginning when they hired me

I read it.
I answered it, attempting to be polite.

I have no idea what powers you possess.
I have no idea about your potential to do anything.

Unless you possess a WRITTEN promise guaranteeing you some term of employment, you have no legal recourse against the employer.

That is not to say you can't sue your former employer.

That is to suggest you have no legal remedy available to you which will force the employer to retain your services.

There were press reports of UPS and Fedex BOTH involved in an EARLY (as in September of 2018) Christmas season hiring which I recall reading and interpreting that both employers (as well as Amazon) expected a very busy September through January:


This one dated: PUBLISHED MON, SEP 17 2018 • 11:28 AM EDT

UPS to hire about 100,000 workers for holiday season

This one dated: BUSINESS NEWS SEPTEMBER 17, 2018 / 9:48 AM /

UPS to hire 100,000 for holiday season, up 5 percent from last year | Reuters

This one dated: Sep 18, 2018

UPS holiday hiring plans - Louisville Business First
 
So is there any legal action I can take in that regard??? No, there isn't.

Are employers not required to fully disclose everything about the position with a potential new employee? No, actually, they're not. Where did you get the idea that they were?

Are employers allowed to neglect to mention certain details about a position? Why yes, yes they are.

Don't take this as my approving of the employer omitting to provide this information. I don't. That doesn't make it illegal.
 
I agree, you have no recourse here.
It's a lousy situation to be in, but it isn't a legal problem. You might be able to claim unemployment while you seek a new job.
 
Throughout the entire hiring and interviewing and questioning process at NO point did they mention anything about this position being part time/seasonal and that there would be a possibility that I would be let go come January February when it slows down.

Did you ask the company whether the position was permanent or seasonal? In any business that has seasonal fluctuations (package delivery, retail sales, farm work, etc) it is especially important to ask this question. If you didn't ask then I'm afraid you missed the opportunity to find out this important piece of information. There isn't any law that requires the company to volunteer that information. Indeed, given that it is fairly well known that companies like UPS and FedEX hire a lot of temp help during the fall for the increased deliveries during the holiday season the company may have just assumed you knew that was a possibility. In any event, I don't see any legal action for you if the problem was simply that the company failed to volunteer the info.
 
Did you ask the company whether the position was permanent or seasonal? In any business that has seasonal fluctuations (package delivery, retail sales, farm work, etc) it is especially important to ask this question. If you didn't ask then I'm afraid you missed the opportunity to find out this important piece of information. There isn't any law that requires the company to volunteer that information. Indeed, given that it is fairly well known that companies like UPS and FedEX hire a lot of temp help during the fall for the increased deliveries during the holiday season the company may have just assumed you knew that was a possibility. In any event, I don't see any legal action for you if the problem was simply that the company failed to volunteer the info.
Yes I asked, and I was reassured several times throughout that I wasn't considered one of the part time/seasonal employees. That they don't get hired until November/December depending on demands. Where I got hired on in September I wasn't considered one of the temporary/seasonal employees.
 
I was reassured several times throughout that I wasn't considered one of the part time/seasonal employees.

That may have been the intent and then things changed or the employer outright lied just to fill the spots. Either way, you were employed at will and there isn't anything you can do about it.

Just remember this experience the next time any prospective employer makes you promises.
 
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